Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: SC Allows First Ever Passive Euthanasia in India.
Context:
The Supreme Court of India permitted passive euthanasia for 32-year-old Harish Rana, in a vegetative state since a 2013 accident, marking the first real implementation of India’s judicially developed passive euthanasia framework.
Key Takeaways:
What is Euthanasia?
- Euthanasia is the intentional ending of life of a person suffering from an incurable illness or irreversible condition to relieve pain and suffering.
- It is generally carried out by a physician and may be active or passive.
1. Active Euthanasia:
- Directly causing death through medical intervention (e.g., lethal injection).
- Illegal in India.
- May attract criminal liability under the Bharatiya Nyaya Sanhita as culpable homicide or abetment of suicide.
2. Passive Euthanasia:
- Withdrawing or withholding life-sustaining treatment such as ventilators, dialysis, or artificial nutrition.
- Death occurs naturally due to the underlying illness.
- Legally permitted in India under safeguards laid down by the Supreme Court of India.
Passive Euthanasia Constitutional Basis:
- The constitutional foundation of passive euthanasia in India lies in Article 21 of the Constitution of India, which guarantees the Right to Life and Personal Liberty. The Supreme Court has interpreted this right to include not just living, but living with dignity.
The Supreme Court of India allowed withdrawal of life support for Harish Rana, marking a key step in India’s passive euthanasia framework and highlighting dignity in end-of-life care amid absence of comprehensive legislation.
Source: (The Indian Express)
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